Professional Documents
Culture Documents
(1) Analysis and project planning – including • copyright costs for material used in
needs analysis, objectives and specifica- production.
tions for resources and equipment.
Potentially, there can be significant costs
(2) Design and authoring – developing over-
involved in producing in-house materials
all design, lessons, production sheets and
particularly in relation to staff costs – acade-
creating materials and incorporating
mics/writers, producers, programmers, tech-
media.
nicians, etc., and also equipment. However,
(3) Pre-production – developing specifica-
the costs of production can be offset by a
tions for all material.
reduction in trainer costs associated with
(4) Production – phase during which all
delivery, and travelling and accommodation
material is produced.
costs associated with bringing employees
(5) Post-production – includes editing and
together for training courses, potentially from
special effects.
all around the world.
(6) Mastering the final program on CD-
ROM or another platform.
(7) Integration and testing – debugging the Legal issues in producing multimedia
system, testing the system to ensure it materials
functions correctly.
Recently, it has been stated that, “Lawyers are
(8) Distribution of material to learners with
flocking to multimedia like miners to a gold-
supporting material.
rush” indicative of the current situation
Sidor[9] provides a slightly shorter model of regarding the legal aspects of multimedia[10].
the major roles involved in the design and While multimedia technology has enormous
development process, outlining four impor- potential for learning, the battle between
tant groupings: copyright owners and multimedia publishers
(1) Instructional designers – includes threatens to prevent and restrict its very
researchers, academics, trainers who growth and development[11].
decide on the objectives and the interac-
tive exercises.
‘…Intellectual property, copyright,
(2) Content/functional experts – write text
clarifying author and owner all need to
and tutorials.
be considered…’
(3) Multimedia development team – includes
manager, analysts, AV/video expert,
programmer, etc.
In several respects, many of the legal issues
(4) Testing team – try out modules, refine,
involved in multimedia production are similar
establish any problems, redesign sec-
to those involved in producing more tradition-
tions/exercises as necessary.
al learning resources, in particular open/flexi-
Time and cost in developing multimedia ble learning materials. Intellectual property,
materials varies considerably depending on copyright, clarifying author and owner all
the experience of those involved, available need to be considered. The difficulty is that
resources and complexity of the program. multimedia, using the National Council for
Development costs are summarized by Educational Technology’s[1] definition
Laurillard[2] under the following headings: quoted on p. 8, is comparatively new and no
• pedagogic design; collective or universally acceptable legislation
• production design; is in place. The many individual components
• prototype production; of multimedia therefore all tend to be protect-
• developmental testing; ed by various legislation. In the UK, the
• revision of materials; Copyright, Designs and Patents Act 1988 is
• final production; an important act in protecting literary works
• quality assurance procedures; (including computer programs), musical and
• administrative support; artistic works, sound recordings, films, broad-
• technical support; casts, etc. from being copied without permis-
• travel associated with material collection sion, and therefore is of significance to those
and collaboration between individuals; involved in multimedia production. Interna-
• project management; tionally, the Berne Convention for the
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Using and producing multimedia materials Industrial and Commercial Training
Sue Browell Volume 28 · Number 7 · 1996 · 9–15
Protection of Literary and Artistic Works and (2) Material still within copyright requires
the Universal Copyright Convention both the permission of the owner before it can
provide reciprocal protection for their mem- be used. This may incur fees[13].
bers regarding international copyright. As (3) Multimedia productions and many indi-
such, they have an important role to play in vidual components – music, sound
attempting to harmonize copyright law effects, lyrics, complete songs, literature,
throughout the world, both now and in the illustrations, photographs, graphics, text,
future. EC directives and regulations are of software, video, film and television clips –
are protected by copyright and cannot be
importance in improving harmonization in
used without permission/payment of a
copyright legislation within Europe.
fee. Failing to deal with ownership issues
Stubley[4] believes that the lack of such
during production may result in not
harmonization is actually deterring some
having full ownership of the final piece of
multimedia publishers from launching new
work and/or legal implications[12]. The
products. facts contained in written material are not
The key legal issues involved in multimedia copyright but the way they are
production are summarized by Brinson and “expressed” is covered by copyright.
Radcliffe[12] in the introduction to their (4) Photographs from magazines, brochures,
book. Although aimed at an American audi- books, etc., once digitized, can be easily
ence, the principles are universally applicable: copied, distributed and altered. Many
• contracting with employees, independent photographers are reluctant to release
contractors and consultants for the cre- their photographs for inclusion in multi-
ation of multimedia work; media works because they are concerned
• avoiding infringement of others’ intellectu- that they may be digitized and redistrib-
al property rights; uted to others without permission. Digital
• obtaining licences to use content owned by editing software can alter photographs to
others; the point where it is almost impossible to
• complying with union rules; prove that a derivative version came from
• contracting for sale or distribution of mul- the original photograph.
timedia work; (5) Sounds from a video or a TV programme
generally may not be used in other com-
• protecting intellectual property rights in
mercial productions without prior per-
multimedia work.
mission[16].
Knowledge of copyright law is extremely (6) As well as seeking permission from copy-
important for those involved in multimedia right owners, other parties may be also
production because multimedia often involves involved, e.g. in a TV clip there is copy-
a compilation of copyright images, copyright right in the novel, short story or play,
music, copyright speech and copyright text copyright in the film, video or television
reproduced on a single digital disk capable of series, there may also be union reuse fees
being distributed to thousands of end-users. and if a film, video or television clip con-
In addition, the production of original multi- tains music or choreography you may
have to pay separately for those. Writers,
media material is protected by copyright and
directors and performers may also be
it must be determined who owns the copy-
involved in the copyright process.
right in new material[13].
(7) There are copyright issues relating to
Browell[14] outlined some of the copyright
computer authoring systems in multime-
issues involved in multimedia production in a
dia productions.
recent article, but the key issues are summa- (8) Clip art and copyright-free materials are
rized below: available through a number of companies
(1) During the production planning period, removing the necessity to trace copyright
time should be devoted to ensuring that owners, arrange copyright clearance and
copyright is cleared for materials intend- fees – a subscription/fee is paid directly to
ed to be used in the production, and cost the supplying company for the material
implications of determining copyright used. Such material can take the form of
clearance taken into account[15]. video clips, photographs, line art, sound
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Using and producing multimedia materials Industrial and Commercial Training
Sue Browell Volume 28 · Number 7 · 1996 · 9–15
effects, maps, music and text, all of which own learning; and also “flatter” organizations.
can be used in multimedia Several job advertisements and features in the
productions[4]. professional personnel press provide evidence
(9) If the multimedia work is to be repro- of organizations becoming much more aware
duced (copied), modified, distributed or of the benefits of flexible learning provision
displayed then the copyright owner must and new learning technologies.
be consulted as this affects their rights.
The legal issues involved in multimedia pro- ‘…There is a need therefore for all those
duction are complex and potentially very involved in the teaching and learning
costly if not correctly observed and imple- process to be aware of developments
mented, supporting Tinsley’s[17] observation taking place with regard to new learn-
that: ing technologies…’
It was interesting to see how the legal profession
regarded the multimedia challenge, and one
could be forgiven for thinking that this could be
one of the biggest earners for the legal profes- There is a need therefore for all those involved
sion this century. in the teaching and learning process to be
aware of developments taking place with
regard to new learning technologies, to update
Publishing and distribution
themselves and take advantage of the benefits
The relationship between multimedia devel- for both learner and provider/facilitator.
opers/producers and publishers is very The multimedia industry is a young indus-
changeable and is still continuing to evolve. try and changes and developments are occur-
Publishing and distribution is based on the ring continually. At present, legislative control
traditions from the book publishing, televi- remains far from clear but legal issues are
sion, film and software industries and, as changing rapidly in this area and will continue
multimedia is so relatively new, there is cur- to evolve and develop as the multimedia indus-
rently no universally agreed industry frame- try itself evolves and develops. If involved in a
work to use as a guide. shared/joint multimedia project then there
At the end of 1993, the first US case relat- ought to be an equal share of profits, shared
ing directly to CD-ROM and online products
ownership and joint licensing arrangements.
occurred with ten freelance writers “suing
However, if such a project involves people in
both the companies who commissioned origi-
different countries, then it is advisable to
nal work from them and the organisations
consult international intellectual property
making it electronically available, arguing that
lawyers as the differences in laws between
rights for print publishing are distinct from
countries is horrendously complicated.
electronic publishing and should be rewarded
Multimedia materials are only part of the
separately”[4].
overall learning, training and development
Therefore, if involved in producing original
scene and therefore should not really be
material for publication and distribution, it is
considered in isolation. Indeed, it has been
important to consider these issues.
suggested that multimedia will be only ever be
seen as a supplement to rather than a replace-
Conclusion ment for conventional forms of open learn-
The author’s own experience in education, ing[18]; but, nevertheless, the production of
and involvement with training and develop- multimedia materials raises some interesting
ment specialists, indicates a move away from issues for all those involved. Further work is
traditional formal training courses and deliv- still required in the area of evaluating the
ery to a much more flexible mode of learning appropriateness of learning technologies and
with an emphasis on facilitation, open learn- outcomes, although there are some initial
ing and new learning technologies. Much of findings[19].
this is associated with changes in the organiza- Finally, the question Rowntree[8] poses is
tion – such as the flexible firm, the learning applicable to open learning, traditional train-
organization – requiring employees to be ing and development delivery and multimedia
actively involved in and responsible for their production and summarizes many of the
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Using and producing multimedia materials Industrial and Commercial Training
Sue Browell Volume 28 · Number 7 · 1996 · 9–15
issues raised in this article and the use of new 10 Hoffis, S., “Introducing multimedia”, ITs News.
learning technologies in general: Journal of the Library Association Information Tech-
How can I combine media for maximum inter- nology Group, No. 30, 1994, pp. 9-15.
est and effectiveness ? 11 Foremski, T., in Tinsley, J. (Ed.), “Copyright – or
wrong?”, Professional Photographer, Vol. 34
No. 11, 1994, p. 24.
References
12 Brinson, J.D. and Radcliffe, M.F., Multimedia Law
1 National Council for Educational Technology, “Man- Handbook – A Practical Guide for Developers and
agement of IT and cross-curricular Issues”, Directory Publishers, Ladera Press, Menlo Park, CA,
of Information, Vol. 3 Sec. 6.37, 1993. 1994.
2 Laurillard, D., Rethinking University Teaching: A 13 Charlesworth, A., “Tooling up on the law. Multime-
Framework for the Effective Use of Educational dia”, Times Higher Education Supplement, Issue 5,
Technology, Routledge, London, 1993. 1994, pp. xiv.
3 Dahmer, B., “When technologies connect”, Training & 14 Browell, S., “Training and development specialists and
Development (USA), Vol. 47 No. 1, 1993, pp. 46-55. the law”, Journal of European Industrial Training, Vol.
20 No. 2, 1996, pp. 25-32.
4 Stubley, P., “Multimedia publishing”, Information UK
Outlooks, The British Library, Issue 6, 1994. 15 McCracken, R., “Electronic property maze. Multime-
5 Littlefield, D., “Using multimedia to help employees dia”, Times Higher Education Supplement, Issue 4,
avoid errors”, People Management, Vol. 1 No. 13, 1994, p. iii.
1995, p. 16. 16 Williams, G., “Sound legal advice”, Amiga World, Vol.
6 Garai, H. and Hill, D., “The potential for multimedia in 10 No. 8, 1994, pp. 31-3.
training”, Open Learning Today, No. 29, 1996, 17 Tinsley, J., “Copyright – or wrong?”, Professional
pp. 4-6. Photographer, Vol. 34 No. 11, 1994, p. 24.
7 Lockwood, F. (Ed.), Materials Production in Open and 18 Littlefield, D., “Open learning by PC or paper?”,
Distance Learning, Paul Chapman Publishing Ltd, Personnel Management, Vol. 26 No. 9, 1994,
London, 1994. pp. 55-8.
8 Rowntree, D., Teaching Through Self-Instruction. How 19 Draper, S.W., Brown, M.I., Edgerton, E., Henderson,
to Develop Open Learning Materials, (revised ed.), F.P., McAteer, E., Smith, E.D. and Watt, H.D., Observing
Kogan Page, London, 1990. and Measuring the Performance of Educational
9 Sidor, K., “New learning technologies: multimedia in Technology, a report by the University of Glasgow’s
management education”, presentation at the Interna- Institutional Project in the Teaching and Learning
tional Teachers Programme, INSEAD, France, 1994 Technology Programme – Teaching with Independent
(unpublished). Learning Technologies, 1994.
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